name

Name

The designation of an individual person or of a firm or corporation. A word or combination of words used to distinguish a person, thing, or class from others.

An individual's name is comprised of a name given at birth, known as the given name or first name, selected by the parents, and the surname or last name, which identifies the family to which he or she belongs. Ordinarily an individual is not properly identified unless he or she is called or described by this given name in addition to the surname. This rule has significance, among other times, when students are designated in school records and when parties are called or referred to in legal proceedings, including Child Custody actions. The general rule is that when identity is certain, a small variance in name, such as that caused by typographical errors, is unimportant.

The method by which an individual can change his or her name is usually prescribed by state statutes and involves filing a certificate in, or making an application to, a court. Whether or not a name change will be granted is ordinarily a matter of judicial discretion.

In recent years, some married women have begun to depart from the traditional practice of taking their husband's surname upon marriage. Instead they retain their birth names, the surnames possessed before marriage. While some states subscribe to the rule that a woman's legal name is her husband's surname, others hold that an individual can be known by whatever name he or she desires as long as such designation is used consistently and in the absence of a fraudulent purpose. A number of states have specifically provided that a wife is not required to use her husband's surname, or that she can use it in her personal life while continuing to use her birth name in her profession.

NAME. One or more words used to distinguish a particular individual, as
Socrates, Benjamin Franklin.
2. The Greeks, as is well known, bore only one name, and it was one of
the especial rights of a father to choose the names for his children and to
alter them if he pleased. It was customary to give to the eldest son the
name of the grandfather on his father's side. The day on which children
received their names was the tenth after their birth. The tenth day, called
'denate,' was a festive day, and friends and relatives were invited to take
part in a sacrifice and a repast. If in a court of justice proofs could be
adduced that a father had held the denate, it was sufficient evidence that
be had recognized the child as his own. Smith's Diet. of Greek and Rom.
Antiq. h.v.
3. Among the Romans, the division into races, and the subdivision of
races into families, caused a great multiplicity of names. They had first
the pronomen, which was proper to the person; then the nomen, belonging to
his race; a surname or cognomen, designating the family; and sometimes an
agnomen, which indicated the branch of that family in which the author has
become distinguished. Thus, for example, Publius Cornelius Scipio Africanus;
Publius is the pronomen; Cornelius, the nomen, designating the name of the
race Cornelia; Scipio, the cognomen, or surname of the family; and
Africanus, the agnomen, which indicated his exploits.
4. Names are divided into Christian names, as, Benjamin, and surnames,
as, Franklin.
5. No man can have more than one Christian name; 1 Ld. Raym. 562; Bac.
Ab. Misnomer, A; though two or more names usually kept separate, as John and
Peter, may undoubtedly be compounded, so as to form, in contemplation of
law, but one. 5 T. R. 195. A letter put between the Christian and surname,
as an abbreviation of a part of the Christian name, as, John B. Peterson, is
no part of either. 4 Watts' R. 329; 5 John. R. 84; 14 Pet. R. 322; 3 Pet. R.
7; 2 Cowen. 463; Co. Litt. 3 a; 1 Ld. Raym. 562;, Vin. Ab. Misnomer, C 6,
pl. 5 and 6: Com. Dig. Indictment, G 1, note u; Willes, R. 654; Bac. Abr.
Misnomer and Addition; 3 Chit. Pr. 164 to 173; 1 Young, R. 602. But see 7
Watts & Serg. 406.
5. In general a corporation must contract and sue and be sued by its
corporate name; 8 John. R. 295; 14 John. R. 238; 19 John. R. 300; 4 Rand. R.
359; yet a slight alteration in stating the name is unimportant, if there be
no possibility of mistaking the identity of the corporation suing. 12 L. R.
444.
6. It sometimes happens that two different sets of partners carry on
business in the same social name, and that one of the partners is a member
of both firms. When there is a confusion in this respect, the partners of
one firm may, in some cases, be made responsible for the debts of another.
Baker v. Charlton, Peake's N. P. Cas. 80; 3 Mart. N. S. 39; 7 East. 210; 2
Bouv. Inst. n. 1477.
7. It is said that in devises if the name be mistaken, if it appear the
testator meant a particular corporation, the devise will be good; a devise
to "the inhabitants of the south parish," may be enjoyed by the inhabitants
of the first parish. 3 Pick. R. 232; 6 S. & R. 11; see also Hob. 33; 6 Co.
65; 2 Cowen, R, 778.
8. As to names which have the same sound, see Bac. Ab. Misnomer, A; 7
Serg & Rawle, 479; Hammond's Analysis of Pleading, 89; 10 East. R. 83; and
article Idem Sonans.
9. As to the effect of using those which have the same derivation, see
2 Roll. Ab. 135; 1 W. C. C. R. 285; 1 Chit. Cr. Law 108. For the effect of
changing one name, see 1 Rop. Leg. 102; 3 M. & S. 453 Com. Dig. G 1, note x.
10. As to the omission or mistake of the name of a legatee, see 1 Rop.
Leg. 132, 147; 1 Supp. to Ves. Jr. 81, 82; 6 Ves. 42; 1 P. Wms. 425; Jacob's
R. 464. As to the effect of mistakes in the names of persons in pleading,
see Steph. Pl. 319. Vide, generally, 13 Vin. Ab. 13; 15 Vin. Ab. 595; Dane's
Ab. Index, h.t.; Roper on Leg. Index, b. t; 8 Com: Dig., 814; 3 Mis. R.
144; 4 McCord, 487; 5 Halst. 230; 3 Mis. R. 227; 1 Pick. 388; Merl. Rep. mot
Nom; and article Misnomer.
11. When a person uses a name in making a contract under seal, he will
not be permitted to say that it is not his name; as, if he sign and seal a
bond "A and B," (being his own and his partner's name,) and he had no
authority from his partner to make such a deed, he cannot deny that his name
is A. & B. 1 Raym. 2; 1 Salk. 214. And if a man describes himself in the
body of a deed by the name of James and signs it John, he cannot, on being
sued by the latter name, plead that his name is James. 3 Taunt. 505; Cro.
Eliz. 897, n. a. Vide 3 P. & D. 271; 11 Ad. & L. 594.

Were I to vanish from the earth to-morrow, none would know so much of me as you: that a nameless youth came up at nightfall from the valley of the Saco, and opened his heart to you in the evening, and passed through the Notch by sunrise, and was seen no more.

Were I to vanish from the earth tomorrow, none would know so much of me as you: that a nameless youth came up at nightfall from the valley of the Saco, and opened his heart to you in the evening, and passed through the Notch by sunrise, and was seen no more.

In this way they are picked off, from time to time, and nothing is known of them, until, perchance, their bones are found bleaching in some lonely ravine, or on the banks of some nameless stream, which from that time is called after them.

And whether it is that the word "storm" should not be pronounced upon the sea where the storms dwell thickly, or because men are shy of confessing their good hopes, it has become the nameless cape - the Cape TOUT COURT.

Eagerly I wished the morrow; -- vainly I had sought to borrow From my books surcease of sorrow -- sorrow for the lost Lenore -- For the rare and radiant maiden whom the angels name Lenore -- Nameless here for evermore.

Eagerly I wished the morrow;--vainly I had sought to borrow From my books surcease of sorrow--sorrow for the lost Lenore-- For the rare and radiant maiden whom the angels name Lenore-- Nameless here for evermore.

And, too, these legends always held forth the hope that some day that nameless continent from which their race had sprung, would rise once more out of the sea and with slaves at the long sweeps would send her carven, gold-picked galleys forth to succor the long-exiled colonists.

Wrapping the tiny body in a blanket, Jane laid it tenderly in the black hole, and, turning her head that she might not see the mouldy earth falling upon the pitiful little bundle, she breathed a prayer beside the grave of the nameless waif that had won its way to the innermost recesses of her heart.

He suffered his thoughts to dwell for a moment upon his wealth, on the years which had gone to the winning of it, on a certain nameless day, the memory of which even now sent sometimes the blood running colder through his veins, on the weaker men who had gone under that he might prosper.

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